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9781107023116

Comparative Studies in the Development of the Law of Torts in Europe

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  • ISBN13:

    9781107023116

  • ISBN10:

    1107023114

  • Format: Hardcover
  • Copyright: 2012-11-30
  • Publisher: Cambridge Univ Pr

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Summary

This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically better informed.

Table of Contents

The Impact of Ideas on Legal Development
Introduction
Responsibility, solidarity and state regulation in classical continental social theory
Individual and social responsibility in nineteenth-century British political thought
The 'welfare state' in legal and social philosophy: origins and controversies
Continental European jurisprudence, 1850-2000
English jurisprudence and tort theory
The left and wrongs: Marxism, law and torts
The process of codification applied to the law of delicts
Codifications, commentators, and courts in tort law: the perception and application of the Civil Code and the Constitution by the German legal profession
The English codification debate and the role of jurists in the development of legal doctrines
Regulating workplace hazards: the role of medical, scientific and technical experts in legal change
Expertise and the evolution of private law: the case of occupational illness in twentieth-century France
The notion of a European private law and a softer side to harmonisation
The Impact of Institutions and Professions on Legal Development
Introduction
England: the elaboration of fault liability
England: compensation for occupational injury
Scotland
France
Germany
The Netherlands
Spain
Sweden
European Legal Development: Introduction
Method and theory
The place of fault in 1850 and the limits of tort law
Path dependency
Homogeneity in legal development: products and medical liability
Doctrinal diversity: roads and neighbours
Conclusion: drivers of development
Table of Contents provided by Publisher. All Rights Reserved.

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